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i allped my son i-130 on 01/02/2003 when

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
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Customer Question

i allped my son i-130 on 01/02/2003 when unmarried.now i citizan on07/02/2008 .but my son married on 01/16/2008.can my i apply new i-130 or only informed and cantinews old file.

 

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houston, Texas

Submitted: 1742 days and 22 hours ago.
Category: Immigration Law
Value: $15
Status: CLOSED
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Expert:  Guillermo J. Senmartin, Esq. replied 1742 days and 20 hours ago.

The current Visa Bulletin is here:

http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html

If you look, he used to be a 1st preference and that has a date of 15MAR02. So even if he was still unmarried, he still would not be able to use the I-130.

Now that he is marred, he falls to 3rd preference. This has a date of 08JUN00. So instead of it taking a few more months had he remained single, now he has to wait another 2 to 3 years.

You do not have to file a new I-130, he can continue to wait on the current one that you filed. When the time comes that he can use it, you will notify Immigration that he married and that the petition must be downgraded and can now be used. So no worries.

Customer replied 1742 days and 19 hours ago.

hi, you understand my question.when I apply for my son at that time have Green Card and he was unmarried.But today I am citizen and my son got married in 01/16/2006.So should I apply new I-130 or only informed continue old file.

Accepted Answer

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Expert:  Guillermo J. Senmartin, Esq. replied 1742 days and 13 hours ago.

Yup, I understood your question, that's why at the end I said that yes, you should continue the old I-130. My only confusion was in the first part because I said he was 1st preference when he was actually 2A since you were a resident. But the advice is still the same. Continue with the old I-130 because if you apply again now, he will have to wait 8 years instead of 3. So stay with the hold one.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.0 %
Accepts: 26859
Answered: 7/4/2008

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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Expert:  Guillermo J. Senmartin, Esq. replied 1742 days and 7 hours ago.

Please do not forget to click ACCEPT. Thank you.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.0 %
Accepts: 26859
Answered: 7/5/2008

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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Customer replied 1276 days and 9 hours ago.

Hi there,

I ask you last year on 07/04/2008 that time your answer as per below.

My Question:

Hi You understand my question, when i apply for my son at that time have green card and he was unmarried but today i am citizen and my son got married in 2006 so should i apply new i130 or continue with old file.

 

You answer

Yup, I understand your question, that's why at the end I said that yes, you should continue the old i130. My only confusion in the first part because I said he was 1st preference when he was actually 2A since you were a resident. but the advice is still the same. continue with old i130 because if you apply again now, he will have to wait 8 years instead of 3 so stay with old one.

 

Now, I am confused because its shows conflict with your today's answer and previous answer given on 07/04/2008

 

My question is which one is the correct answer?

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Expert:  Guillermo J. Senmartin, Esq. replied 1276 days and 6 hours ago.

I apologize, please review my response on your newer thread.

 
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